The tort of negligent entrustment in simple language means that you were negligent by allowing a person or persons to use your property such as a car, motorcycle, etc.
Negligence is a legal term of art. It would be very difficult to explain negligence to a non-attorney. However I will try.
Negligence in simple language, is that one person owes a duty of due care to another person, and breaches that duty of due care thus causing damages. The key to negligence is that it must be reasonably foreseeable to an ordinary prudent person that the conduct will result in damages. I will be frank, negligence is much more complicated than the description I just gave, however it will suffice for the purposes of this article.
An example of simple negligence would be one person not paying attention and rear ending another person in their car. The person who did the rear ending would be liable in most circumstances for negligence.
With respect to negligent entrustment, I will give you an example of where you could be held liable for this tort. Let’s say you loan your car to a person who has a suspended driver’s license. Let’s say this person subsequently gets into a car accident. You would most likely be held liable for the damages caused in the accident, because you owed a duty of due care to ensure that you did not loan your car to a person with a suspended driver’s license. In other words, you were negligent by allowing a person with a suspended drivers license to use your car.
Another example would be loaning your car to a person who was obviously intoxicated, who then subsequently gets into an accident. You can be held liable for negligent entrustment for loaning you car to a drunk.
There is a vast array of possible scenarios in which you could be liable for the tort of negligent entrustment. It’s not rocket science, it’s really about common sense. The purpose of this article is just to make you aware of the tort.
Basically it’s a matter of common sense. If you are going to loan a person your car, motorcycle, or other property, you better make sure they have a driver’s license and automobile insurance before you give them the keys unless you’re not concerned about being legally liable for their actions.
By Norman Gregory Fernandez, ESQ. , Copyright 2006
Welcome, my name is 
This is why Dodge is being sued by the Morelock estate in Florida because they loaned Billy Lane a truck that Billy drove with suspended license for not complying with North Carolina and Florida implied consent laws. Billy refused to blow the breathe analyzer or have blood drawn after being pulled over for riding on the wrong side of the highway, no helmet and suspesion of driving under the influence. The arresting officier took his license when Lane was arrested and the Rowan County Clerk of Courts still have his license. Billy was found not guilty of the DUI charge in North Carolina because the judge said there was not enough evidence…no BAC results. The case was heard by a judge…no jury. The arresting officer was the only witness for the State. Lane had three witnesses who stated under oath that Lane only had a couple beers. The license suspension was upheld because of the implied consent. I have a friend who owns a GMC dealership in Melbourne, Florida. His insurance company checks the status of every employees drivers license bi-weekly. This is done for liability. I would think that Dodge has a stable of lawyers. I would think their insurance would have seen Lane’s license were suspended. I was surprised that they had not picked up the trucks loaned to Lane for his personal and business use. You know that somebody at Dodge is wondering why the loaners were not picked up immediately.
Would you please post this article on MNO SPEAKS and Cyril Huze’s site. I am sure this will help people understand what can happen when you hand your keys to the wrong person. I am sure Mike and Cyril both would appreciate a good read with the facts. Many people are watching the Billy Lane case. Thanking you in advance.
Wrongful death complaint sites Billy Lane acted outrageously
Auto Negligence Civil ActionÂÂ
The complaint filed by Dolores J. Morelock, plaintiff, for the wrongful death of her son, Gerald V. Morelock names William D. Lane and Daimlerchrysler Corporation as the defendants. Mrs. Morelock has retained the legal se…
Mike Odoms Blog has the answer filed by DailmerChrysler in the Billy Lane case. Could you please explain on your site and Mike Odoms blog exactly what those lawyers are saying. It would be greatly appreciated. Thanks a lot.
Thank you for explaining about all of this !!Unfortuantly I am in the middle of it and
am swamped with emails and calls from concerned people all over this country. Most of them are very concerned with our situation.Many have called and told me that now they understand how
wrong decisions Billy Lane AND his Business partners ” Daimlar / Chrysler” made
in our tradgedy.
Lane and his group of lawyers will be in front of a local judge on Feb.2 cd to set up a
Trial date. Considering he is now charged with “non-Capital Murder”, maybe the
judge will speed up the case.
Also on Feb. 7 th , Lane’s lawyers will be in our courtroom again to try and convince
the judge to “DISMISS” the case………..
More to come and thanks for your concern.
I doubt if this case will be dismissed. It is a big discussion BIKER NIGHT and people are waiting for the criminal trial to start. I have a feeling that Lane will most certainly do prison time as he has a piss poor driving record. Dodge should have kept track of the validity of Lane’s drivers license. Dodge should have immediately picked up the loaned promotional vehicles after the incident in North Carolina. They are 100% responsible for loaning their vehicles to individuals. Wonder if they are self-insured???
Or firearm,chainsaw….the list goes on. Good story.
A common ploy in DUI cases is for persons to refuse to submit to a breath test or blood test because they know they are either drunk or under the influence of a controlled substance. In California failing to submit to a breath test is an automatic license suspension. The same probably holds true for other States as well. I am only licensed to practice law in California, and before the United States Court Central District, (Federal Court) therefore I am not going to comment on another States laws.
The bottom line is that no one should loan a car, truck, motorcycle, or any other motor vehicle to a person with a suspended license because it would be negligent to do so. Hence, Dodge is being sued in the Billy Lane Case!
It goes beyond that! Let’s say that Lane did not have a suspended license but he had a history of moving violations or negligent driving. Dodge could also be held liable for negligent entrustment if they loaned a car or truck to a person with a known history of bad driving! That is what the duty of due care is! Each person has a duty of due care to do what a reasonable person would do under similar circumstances. Is it reasonable to loan your car to someone without checking them out?
It will up to a Court and a Jury to decide!
Norm
Sandie I would be happy to repost my article and above comments. I will email you so that you can give me the URL.
Norm
Sandie could you give me the exact link to the article so I don’t have to go fishing around.
I can probably guess what the answer to the complaint says; General Denial, plus a bunch of affirmative defenses!! Right?
Anyway, give me a link to the answer and I will check it out and comment on it.
Norm
Bryon, I wish to send my condolences to you and your family in your time of tragedy.
I will continue to write articles on the case and to try to educate the public on the legal issues related to this case.
Most people do not realize that Alcohol is one of the most powerful drugs known to man. Anytime someone gets behind the wheel of a car or truck after getting drunk they are gambling with peoples lives.
Anyone who loans a truck or other motor vehicle to someone with a suspended license or a history of drinking and driving should pay the piper.
The way the facts are panning out right now, Gerald would still be alive if it were not for the actions of Lane in crossing the double lines, and Dodge for loaning him the truck in the first place.
I sincerely hope that your family obtains the judgement that you are looking for because what happened to Gerald and your family is just plain bullshit!
Norm
In my own experience in a suit against Daimler Chrysler, they are self insured, at least on the lawsuit I prosecuted. This may have changed.
On the criminal end, you never know what a District Attorney will do, i.e., cut a plea bargain, etc.
It is up to the public to assert pressure on the District Attorney to do what is right. In California the office of District Attorney in most counties is an elected position!
Norm
I would not lend my car to anyone that i do not trust and that includes family and friends.